Terms of Use - Linklogiq

LINKLOGIQ TERMS OF USE

Last update: 20 July 2021

By accessing or using Linklogiq, you agree to be legally bound by Terms. Please read this document carefully. If you do not agree with one or more provisions of these Terms, you should not use Linklogiq.

1. GENERAL INFORMATION

1.1 These Linklogiq Terms of Use (the “Terms”) constitute a legally binding agreement between an individual user or a business entity (the “user,”“you,” and “your”) accessing the software-as-a-service product ‘Linklogiq’ available at https://linklogiq.com, the related software applications and services (collectively, “Linklogiq”) and the owner and operator of Linklogiq, namely, LinkLogiq LLC having a registered place of business at 3361 E. US Highway 175, Kaufman, TX 75142, the United States, and the company registration number 86-2292949 (“we”, “us”, and “our”). These Terms outline the terms and conditions of your use of Linklogiq.

1.2 About Linklogiq. Linklogiq facilitates the day to day operations of a service company. On Linklogiq, you can create accounts, job sites and service tickets for each job site, dispatch tickets to drivers, invoice the completed service tickets, and collect payments.

1.3 License to use Linklogiq. We grant you a worldwide, personal, revocable, non-exclusive, non-transferable and limited license to use Linklogiq pursuant to these Terms.

1.4 Disclaimer. Although we regularly monitor the information available on Linklogiq, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of all information, whether provided by us or by third parties.

1.5 Third-party links. Linklogiq may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.

1.6 Minors. Linklogiq is not marketed and intended for use by persons under the age of 18.

1.7 Privacy and other relevant terms. The documents that include important provisions regarding your use of Linklogiq and should be read and interpreted together with these Terms are (i) our Privacy Policy and Cookie Policy which describe in detail how we handle your personal data collected through Linklogiq and (ii) other individual terms and conditions made available by us on Linklogiq.

1.8 Language. These terms are drafted in English. Non-English translations of these Terms are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version of the Terms shall prevail.

1.9 Authorization to act on behalf of an entity. If you act on behalf of a business entity in accepting these Terms, you warrant and undertake that you have the requisite power and authority to act on behalf of that entity and bind the entity to these Terms. By providing details of a business entity, you confirm that you are an authorized employee, contractor, or representative of the business entity. We are not responsible in any manner and bear no liability for your activities carried out without such authorization.

2. FEES AND PAYMENTS

2.1 The Fees. Your use of Linklogiq is subject to the applicable service fees (the “Fees”). The schedule of the Fees, the available service plans, and the terms related thereto are made available on Linklogiq. The Fees remain valid for as long as they are featured on Linklogiq. The Fees are subject to a change with a notice to you (if you hold an active subscription plan) or without a notice to you (if you do not hold an active subscription plan). By concluding a sales contract with us (i.e., ordering your subscription plan), you agree to pay the Fees in accordance with these Terms, the terms and conditions of your chosen subscription plan, and other terms and conditions in force at the moment the service contract is concluded. The Fees are payable on a subscription basis. You hereby acknowledge and agree that: (i) you will pay the Fees for each billing cycle (i.e., monthly or annually); (ii) the Fees are billed at the beginning of each billing cycle as automatic recurring payments; (iii) we will automatically renew the subscription plan based on its renewal cycle and automatically charge your payment method (e.g., credit card), unless you cancel your subscription prior to the expiration of then-current subscription term. If we cannot charge your payment method, your access to Linklogiq shall automatically terminate. All information about the Fees paid by you, invoices, billing cycles, and subscription plans is available through your User Account (as defined in section 3).

2.2 Upgrade of the subscription plan and cancellation of your subscription. You can upgrade your subscription plan at any time by paying the Fees of the upgraded subscription plan. Your subscription must be cancelled at least 7 calendar days prior to expiration of the then-current billing period through your User Account (as defined in section 3) to avoid automatic renewal and charge. If you cancel your subscription plan later, the cancellation will not be guaranteed. Your inactivity on Linklogiq does not substitute your request for the cancellation of your subscription plan.

2.3 Taxes. Unless indicated otherwise, the Fees include all applicable sale taxes, levies, and other duties.

2.4 Payment processing. All payments related to Linklogiq are processed by our payment processor Stripe. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You shall not hold us liable for payments that do not reach us due to your error (e.g., incorrect payment information) or if your payment is refused for any other reason.

2.5 Refunds and chargebacks. We do not issue refunds for any Fees paid. Your access to Linklogiq will be terminated immediately upon receipt of a chargeback request.

3. USER ACCOUNT

3.1 Registration of User Account. In order to use the full functionality of Linklogiq, you must register a user account (the “User Account”). Before creating your Account, you will be requested to read and accept these Terms and review our Privacy Policy. You are responsible for remembering and keeping for your own records your access credentials. Your User Account is not transferable and you are solely responsible for any activities occurring through your User Account. We reserve the right, at our sole discretion, to refuse registration of any User Account for any reason whatsoever.

3.2 Types of User Accounts. There are four available types of User Accounts on Linklogiq that are subject to their terms and limitations as made available on Linklogiq from time to time:

If you use Linklogiq as a project administrator, you are required to register an Admin Account;
If you use Linklogiq as a dispatcher, you are required to register a Dispatcher Account;
If you use Linklogiq as a driver, you are required to register the Driver Account; and
If you use Linklogiq as a customer, you are required to register a Customer Account.

3.3 Your warranties. By registering your Account, you acknowledge, agree, and warrant that:

You will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of Linklogiq;
You can conclude legally binding contracts with us; and
You are a human individual.

3.4 Security of User Account. You are solely responsible for maintaining the confidentiality of your User Account. You agree to immediately notify us about allegedly unauthorised use of your User Account or any other security breach related to your User Account. You are also responsible for using secure Internet connection and protected networks while using Linklogiq We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations.

3.5 Deletion of User Account. At any time, you may delete your User Account through the dashboard of your User Account or by contacting us. Upon deletion of the User Account, these Terms shall terminate.

3.6 Suspension and termination of the Account. We reserve the right to suspend or terminate your User Account if, at our sole discretion, we have grounds to believe that your use of Linklogiq seriously and repeatedly breaches these Terms. We may also suspend or terminate your User Account upon a lawful request of a public authority.

4. TRANSACTIONS COMPLETED THROUGH LINKLOGIQ

4.1 If you complete any transaction with other users through Linklogiq (the “Transaction”), your Transaction is a contractual relationship between you and the other user of Linklogiq (collectively, the “Parties”). You acknowledge and agree that we are not a party to the Transaction and the Transaction does not create employment, partnership, joint venture, or other service relationships between you and us. You agree to indemnify us against any fault, fraud, claim that may arise out of the Transaction. By using Linklogiq, you accept full responsibility for the Transaction and indemnify us against any dispute that may arise between the Parties.

4.2 Disputes between the Parties. WE ARE NOT A PARTY TO THE TRANSACTIONS; WE DO NOT PARTICIPATE IN THE RESOLUTION OF ANY DISPUTES BETWEEN THE PARTIES. We are not responsible for any disputes that arise between the Parties, nor are we obliged to receive or process complaints against any user, unless the complaint concerns the performance of our legal or contractual obligations under these Terms.

5. PERMITTED USE OF LINKLOGIQ

5.1 Linklogiq is available for use in North America. It is your responsibility to assess whether your use of Linklogiq is in compliance with local laws and regulations.

5.2 You are not permitted to use Linklogiq in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):

Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
Intellectual property (e.g. copyright or trademark) infringement;
Any unauthorised access to geographically blocked content;
Any unauthorised access to machines, programs, data, or committing any other forms of cyber offences;
Promotion or encouragement of terrorist activities of any sort;
Exploitation of children in any way, including audio, video, photography, digital content and uploading, downloading, posting, distributing, trading, bartering, selling, transmitting or receiving of children pornography material;
Fraud;
Provision of false, inaccurate, or misleading information;
Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and illegal messaging;
Spreading ethnically, racially, or otherwise objectionable information;
Spreading sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening Linklogiq;
Using or authorising third parties to use on your behalf services, technologies, or automated systems to artificially inflate the page views (e.g., pay-per-click services and web “robots”);
Interfering with or abusing other users of Linklogiq;
Using bots, scripts, and other automated methods; and
Collecting and disclosing any information about other users of Linklogiq.

5.3 Breach of the Terms. If we believe, at our sole discretion, that your use of Linklogiq violates these Terms and it is appropriate, necessary or desirable to do so, we may:

Send you a formal warning;
Temporarily or permanently prohibit your User Account or use of Linklogiq;
Report you to public authorities; or
Commence a legal action against you.

5.4 Your Content. The content and data generated by you while using Linklogiq (“Your Content”) shall be stored in the cloud storage owned and operated by third parties. We do not intentionally access Your Content, unless we have reasonable grounds to believe that your use of Linklogiq seriously breached these Terms. We take no responsibility if Your Content cannot be uploaded, stored, or accessed due to circumstances outside our reasonable control, including, without limitation, third parties’ unavailability, quota overruns, restart settings, expiration times, technical, or connectivity issues. You are responsible for keeping backup copies of Your Content at all times.

6. INTELLECTUAL PROPERTY

6.1 Linklogiq’s content. Most of the content available on Linklogiq, including all information, software, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, the “Linklogiq Content”) is owned by us, our partners, agents, licensors, vendors, and/or other content providers. The Linklogiq Content is protected by applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorisation from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to the Linklogiq Content to third parties, or use any manual or automated means to scrape any content available on Linklogiq.

6.2 Linklogiq brand. You may not use the brand, the word or figurative trademarks associated with Linklogiq or third-party trademarks without prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.

6.3 Third-party intellectual property. Linklogiq can be used for accessing third-party content (the “Third-Party Content”). The Third-Party Content is owned by third-party proprietors and such third-party intellectual property does not belong to us. The Third-Party Content remains the sole property of the respective third-party proprietors. You may not use any Third-Party Content without the prior authorization of the owners of such content, notwithstanding any functionalities of Linklogiq.

6.4 Copyright infringement claims. If you have any grounds to believe that any content available on or through Linklogiq violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.

6.5 Submitted Content. By submitting any content to us (the “Submitted Content”) you retain the property rights to the Submitted Content, however, you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to store, use, distribute, advertise, adapt, remix, modify, display, perform, excerpt, prepare derivative works of, and reproduce the Submitted Content for the purposes of providing you with the requested services or carrying out our legitimate business interests.

7. AVAILABILITY AND FORCE MAJEURE

We put reasonable efforts to ensure that Linklogiq is always accessible to you. However, the availability of Linklogiq may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of Linklogiq caused by such factors.

8. DISCLAIMER OF WARRANTIES

8.1 We provide Linklogiq on “AS AVAILABLE”, “AS IS,” and “WITH ALL FAULTS ” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of Linklogiq, the Third-Party Content, or other content featured on or accessed by using Linklogiq, whether provider by us or by third parties, and hereby disclaim all warranties regarding Linklogiq and its operation.

8.2 It is your sole responsibility to verify and assess the fit for the purpose of Linklogiq prior to using it and to decide whether or not Linklogiq fits for the intended use.

8.3 By using Linklogiq, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. You cannot select or decline the third-party suppliers. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.

8.4 Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.

9. LIMITATION OF LIABILITY

9.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of Linklogiq, any content made available through Linklogiq, whether provided by us or by third parties, any transactions concluded through Linklogiq, or use of Linklogiq for unauthorised or unlawful purposes. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.

9.2 This Section 9 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

10. INDEMNIFICATION

You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of Linklogiq, or your violation of any law or the rights of a third party.

11. SEVERITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

12. GOVERNING LAW AND DISPUTES

12.1 Governing law. These Terms shall be governed and construed in accordance with the laws of the state of Texas, the United States of America, without regard to its conflicts of law provisions.

12.2 Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to courts in Texas, the United States of America.

12.4 This Section 12 does not affect any statutory rights that you are entitled to as a consumer.

13. MISCELLANEOUS

13.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms or when you accept them and remain in force until updated or terminated by us.

13.2 Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on Linklogiq. Such amendments may be necessary due to new features of Linklogiq, changes in the requirements of laws, regulations, or our business practices. You are responsible for regularly reviewing these Terms. Your continued use of Linklogiq after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through Linklogiq, availability of Linklogiq, equipment needed for access or use, materials available on Linklogiq, and any other features of Linklogiq at any time, at our sole discretion.

13.3 Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by deleting ceasing to use Linklogiq.

13.4 Merger or acquisition. In the event we, during the term of these Terms, are acquired, merged, or sell all or substantially all of our assets, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.

13.5 Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of Linklogiq.

14. CONTACT

If you have any questions about these Terms, please contact us by using the following contact details:
Email: sales@linklogiq.com
Postal address: LinkLogiq LLC, 3361 E. US Highway 175, Kaufman, TX 75142, the United States of America

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